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Can single brother take loan on property jointly owned by 3 brothers?


09-May-2023 (In Property Law)

There is a property in delhi which is co-owned by 4 brother. Can a single brother take loan from bank by mortgaging the property? Should i make a written complaint regarding this matter somewhere?

Answers (2)

Answer #1
180 votes

If the property has proper partition then he can mortgage the property. However if there is not partition he cannot mortgage the property.

We suggest you to file a partition suit and along with it application for temporary injunction thereby seeking stay on the property.

Further, you can make a written complaint to the authority from which he took the loan. 


Answer #2
905 votes
If the property has proper partition then he can mortgage the property. However if there is not partition he cannot mortgage the property.
We suggest you to file a partition suit and along with it application for temporary injunction thereby seeking stay on the property.
Further, you can make a written complaint to the authority from which he took the loan.

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